Isn't this a similar defence to that of Pete Townsend (of the Who) when he
was caught having been charged on his credit card for something or other
from a kiddy-porn site. He claimed he was researching a book on child abuse
at the time. I believe (although I wouldn't bet my granny on it) that the
judge in that case differentiated between simply "visiting" a porn site, and
downloading and storing images, and also considered the frequency/number of
website hits. In other words, he got off with a slapped wrist, because he
had a plausible explanation (albeit a misguided one) for his single visit to
the site concerned. What I can't seem to remember is how it is he came to
be caught....
-----Original Message-----
From: Ian Welton [mailto:[log in to unmask]]
Sent: 12 February 2004 14:24
To: [log in to unmask]
Subject: Re: [data-protection] Internet History
Roland Perry on Thursday, February 12, 2004 at 1:48 PM said:-
> They are not at all happy about vigilantes,
I had not interpreted Tim's example as vigilantism, but as somebody trying
to protect themselves and their information. Which construct would take
precedence should a case arise would be interesting.
But the broader point you make appears valid, as I understand an offence is
the 'publication' and visiting the sites normally publishes all the material
viewed on the hard drive of the PC being used; A pity for the innocent/niave
visitor to the site.
(I wonder if the interpretation of 'published' would change if the Temporary
Internet Files/Internet History were only held in RAM - if it does, why is
the transmission of such material not progressed?) :-)
Ian W
> -----Original Message-----
> From: This list is for those interested in Data Protection
> issues [mailto:[log in to unmask]] On Behalf Of
> Roland Perry
> Sent: Thursday, February 12, 2004 1:48 PM
> To: [log in to unmask]
> Subject: Re: Internet History
>
>
> In message
> <!~!UENERkVCMDkAAQACAAAAAAAAAAAAAAAAABgAAAAAAAAAUTW79peA1xG9uw
> CAxwLTb8KAA
> [log in to unmask]>,
> Tim Trent <[log in to unmask]> writes
> >I have a good friend who was abused as a child and
> photographs of that
> >abuse appear on the internet. Part of his time he spends trying to
> >track those pictures down. This means that he visits sites
> that would
> >be considered by anyone not knowing why he goes there to be at best
> >"Questionable".
>
> More than "Questionable", they are illegal (if he finds the
> sites he's apparently looking for). Your friend is likely to
> have a very great deal of explaining to do if his activities
> come to the attention of law enforcement. They are not at all
> happy about vigilantes, especially in that field, and tend to
> take the attitude that you are guilty unless proven innocent
> (which is broadly speaking what the recent Sexual Offences
> Act has to say, too).
>
http://www.hmso.gov.uk/acts/acts2003/30042--b.htm#46
"The defendant is not guilty if he proves..."
(And will the court take the view that it is *necessary* for your friend to
be doing the police's work for them?)
--
Roland Perry
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